47973630 Introduction to Legal Literacy in Nigeria

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INTRODUCTION TO

LEGAL LITERACY

IN

NIGERIA

(Understanding the Nigerian Legal System)

Edited by*

Emeka Maduewesi, Esq.

*Based upon the original work A Guide to Legal Literacy, Understanding the U.S. LegalSystem, 2001 and reprinted by permission of The State Bar of California, State of

California, United States of America


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Table of contents

Forward

Introduction

ChaptersPage

1. Where Laws Come From ... 5

2. How Cases Come to Court. 7

3. Types of Courts. 8

4. Stages of a Case before Trial.. 12

5 The Trial. 14

6 The Role of Attorneys. 17

7 Who Decides. 19

8 The Verdict 20

9 The Appeal 22

10 Changing the System.. 23

Glossary. 24

Latin Phrases and Maxims.33


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Foreword

I am particularly honoured to have been invited to write the forward to the first of many books

that will ultimately be written by Emeka Maduewesi, a United States of America based attorney.I have known Emeka Maduewesi for twenty-two years. In the Faculty of Law, University of

Nigeria, where we met in 1982 as classmates, we prophetically called him Maduwest (a man

of the west) which his present sojourn in the U.S. has actualised.

Reflecting on our days on the last floor of WH wing of Adelabu Hall, I am certainly not

surprised with the incisive writings and intellectual outpouring of Emeka Maduewesi. Hisscholarly qualities were manifest even then, in the quality of his arguments and contributions to

legal debates. His articles in ThisDay Newspaper and many other journals follow the same path

of distinction.

This present work is a further demonstration of the passion of Mr. Maduewesi in contributing to

the body of knowledge. The power of knowledge is inestimable and he who adds to the body of

knowledge enhances the power of knowledge. Introduction to Legal Literacy in Nigeria

(Understanding The Nigeria Legal System) clearly explains, in very simple style and language,the legal process in both the criminal and civil proceedings, including the mechanism and

institutions from which laws are introduced.

Everyone in every society will have no option but to contend with laws and the legal system. It is

therefore necessary to provide an insight to the public on how this essential aspect of everydaylife operates. In the words of Roscoe Pound, Dean Emeritus of Harvard law school, in his treatise

The Lawyer from Antiquity to Modern Times published in 1953 American Bar Associations

survey of the legal profession:

Throughout the history of civilisation there have been abortive attempts to set up or

to maintain a polity without law. Every utopia that has been pictured has beendesigned to dispense with lawyers. This has been manifest particularly in the ideal

schemes imagined after Revolutions. The organised legal profession was abolished

following the French revolution and again after the Russian revolution. In each casethe attempt proved vain.

If the reality is that we must operate in a society where laws are indispensable, now is the time toput everyone in the know of concepts and processes of law in a work devoid of technicalities and

citations.

In my first discussion with Mr. Maduewesi about his book, he hinted to me that when published,

the book will not be sold, but will be distributed free to schools, colleges, and civil society

organisations. What patriotism is greater than that?

I respectfully recommend this book to those who will receive copies. Non lawyers will find this

work an invaluable companion. To first year law students it will be a major foundation, and to

practising lawyers, a refresher document.

Senator Ike Ekweremadu

Chairman Senate Committee on Housing and Urban Development

National Assembly Abuja -Nigeria

February 2004.


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Introduction

Majority of Nigerians, like most people all over the world, encounters the legal systemonly when they are experiencing a serious problem. Perhaps a person or a loved onehas been arrested. A person may be sued for money, such as when there are unpaiddebts or a breach of contract. Maybe there is a divorce or a fight over child custody orpaternity. Sometimes it is a death and the need for probate to have a will approved, orthe property of the deceased distributed by a court, if there was no will. A serious injury,maybe on the job or in a car accident, often prompts a lawsuit.

Thus, people often deal with the legal system when they are experiencing great stressand are least able to deal with a complex bureaucracy, with a language of its own andprocedures that are foreign to the non-professional.

The purpose of this publication is to provide a description of the legal system in clearlanguage for non-lawyers. The focus is on answering basic questions: where do lawscome from; how is the legal system structured; how do cases come to court and whathappens there; who are the participants in the legal system and what is their role; howare legal proceedings conducted?

I have also included a collection of most of the commonly used Latin phrases andmaxims. The purpose is to demystify legal documents, including official court records,making it easy for any non-lawyer to read, even when the document contain suchphrases or maxims.

I sincerely hope that this publication will make it easier for non-lawyers to appreciate thelegal system more and prepare them for whatever legal problems life may throw intotheir path.

Please note that this publication is not a substitute for a lawyer. Always seek legaladvice from a lawyer admitted to practice and active in your jurisdiction.

Emeka Maduewesi, Esq.**Attorney-at-LawSan Francisco, California, 2004.

**Admitted to Practice Law in Nigeria and the State of California


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Chapter 1.

WHERE NIGERIAN LAWS COME FROM

The Constitution

The Constitution of the Federal Republic of Nigeria is the ultimate source of authority forall laws. The current Constitution, which was adopted in 1999, creates the governmentand divides power among three separate and equal branches: the Executive (thePresident and State Governors), the Legislature (the National and States Assembly),and the Judiciary (the Federal and State courts).

Through this separation of powers, the framers of the Constitution sought to prevent anyone branch from becoming too strong and abusing its power. The Constitution alsoestablished a national federal government, governments in each state, and localgovernments for each local government area. This arrangement of dividing poweramong levels of government is termed federalism.

The Constitution enumerates the broad areas where the federal government canlegislate, with the remaining matters left to state and local control. Therefore, althoughthe federal government has the authority to act in numerous areas, most laws areadopted by state and local governments.

State and local laws range from prohibiting crimes such as murder and rape toregulating land use through local zoning ordinances and issuing Certificates ofOccupancy. The Nigerian Constitution and the federal laws are the "supreme law of theland," meaning that no state or local laws may violate or be inconsistent with them.

Legislatures

Federal laws are created when a bill is passed by both federal houses (the Senate andthe House of Representatives is the National Assembly) and must be presented to thePresident (the head of the executive branch), for signature or veto. If a bill is vetoed,the National Assembly can override the President by a 2/3 vote of both houses. Lawsadopted through this process are called "Acts" or statutes, and Federal Acts cover analmost infinite variety of subjects, ranging from payment of custom duties and taxes, toestablishing airports and schools, protecting the environment, prohibiting illegal drugimportation or distribution.

Each state has its own legislative and executive branch, which respectively make andimplement laws within that state. Laws made by one state do not apply to anotherstate, but many states have identical laws.

Most laws in Nigeria were adopted from the British common law or enacted by themilitary as Decrees and Edicts for the federation and states respectively. All un-repealed Decrees are now Acts of the National Assembly while all un-repealed Edictsare laws of the respective states that enacted them. These un-repealed decrees andedicts, which were in existence before the coming into effect of the 1999 Constitution,are also called "existing laws".


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Customary Law and Islamic Law

Customary Law as well as Islamic Law (Sharia) is also applicable in Nigeria, especiallyin matters of land ownership, marriage, succession, and inheritance. Customary lawconsists of customs accepted by members of a community as binding among them.Customary laws were as varied as there were ethnic groups and there was no

uniformity in the content of the laws across the country. Customary law required proofof its existence before it could be admitted as customary law and enforced. After proofof existence, customary law must undergo and pass what became known as therepugnancy test. To be enforceable, customary law must not be repugnant to natural

justice, equity, and good conscience.

Sharia is the body of religious law governing Islam. Islam draws no distinction betweenreligious and secular life, and hence Sharia covers not only religious rituals and theadministration of the faith, but every aspect of day-to-day life. Sharia has been part ofthe laws in the Northern part of Nigeria since the Fulani Jihad.

Regulatory Agencies

There are federal agencies, such as the National Agency for Food and DrugAdministration (NAFDAC), the Federal Environmental Protection Agency (FEPA), theNigerian Drug Laws Enforcement Agency (NDLEA), Federal Airports Authority ofNigeria (FAAN) that are a part of the executive branch and make rules that have theeffect of laws. Federal statutes give power to these agencies to make rules because ofthe difficulty of having detailed and technical matters handled by a non-expert,overburdened National Assembly.

Although established by the legislature, regulatory agencies are part of the executive

branch. They make regulations to enforce laws passed by the legislature. Theseregulations have the force of law and have the same authority as laws created by thelegislature. For instance, NAFDAC regulates the importation, manufacturing anddistribution of drugs and medical devices to protect the public's safety and health, theFAA regulates the use of airports, and the Federal Road Safety Commission (FRSC)administers the automobile registration system and licensing of drivers.

State legislatures also have created state agencies that can make rules regulatingareas such as health and the environment.

Courts and the Power of Judicial Review

The judicial powers of the federation are vested on the courts established for thefederation while the judicial powers of a State are vested on the courts established forthe State, as provided by the Constitution. Courts established by the Constitution forthe Federation, the states and the Federal Capital Territory are the only Courts of recordin Nigeria. These courts are:1. The Supreme Court;2. The Court of Appeal;3. The Federal High Court;4. The High Court of a State and of the Federal Capital Territory


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5. The Sharia or the Customary Court of Appeal of the Federal Capital Territory6. The Sharia or the Customary Court of Appeal of a State.

The Supreme Court has held that federal or state high courts with requisite jurisdictionon an issue may declare unconstitutional and invalidate federal or state laws that areinconsistent with the Constitution. The power of judicial review is one of the most

important powers of the judicial branch of government. For example, if the National orState Assembly enacts a law prohibiting religious worship, the federal or state high courtcould declare this unconstitutional as violating the constitutionally protected freeexercise of religion.

Laws adopted by state and local governments also must not violate the NigerianConstitution, nor can they be inconsistent with federal law. The Constitution and alllaws and treaties made pursuant to it are the supreme law of the land and if there is aconflict between federal and state law, federal law prevails. This rule does not apply ifthe Federal law pertains to a matter with respect to which the State Assembly alone haspower to make laws.

Any exercise of power by the federal or State executive must not violate theconstitution. The court may declare the exercise of power by the President or Governoras unconstitutional if such action violates the Constitution.

Some law is entirely created by courts. For example, much of the law concerningcontracts, legal agreements among people, and torts (the ability of people to recoverfrom others for injuries), is judge-made. This judge-made law originated from Englandand sometimes called "common law" evolves on a case-by-case basis through thegrowth of precedent. Common law of England is part of our British heritage and formspart of our law. Legislatures by statute can change judge-made law or common lawwhen they deem reform appropriate.


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Chapter 2.

HOW CASES COME TO COURT

Function of Courts

Courts are an independent branch of government that exist to interpret laws, to enforcethe laws, to resolve disputes, and to protect the rights people have as citizen of theFederal Republic of Nigeria. All levels of government, federal, state, and local, makelaws that prohibit certain behaviour and order punishment such as imprisonment forviolations. If a person violates such a law, for example by committing an unlawfulkilling, the person is prosecuted in court for murder. An important function of the courtis to determine if the person is guilty and, if so, to impose the appropriate punishment.

Another crucial responsibility of courts is to settle disputes or render judgment betweenpeople. Disagreements are inevitable in any society. A peaceful forum for resolvingdisputes is essential to prevent violence and insure fairness. There are countless types

of disagreements, which might develop; some are financial, while others are a result ofinjuries inflicted accidentally or intentionally. Society relies on the courts to serve as aneutral decision-maker to resolve conflicts.

Courts also play a very important role in preventing the government from abusing itspower. The Constitution guarantees every person basic rights, such as freedom ofspeech and religion. History shows that governments frequently act out of their ownself-interest and violate individual rights. Courts exist to check government power byhalting infringements of liberty and compensating those who have been injured bygovernment wrongdoing.

Initiation of Proceedings (Differences between Criminal and Civil Cases)

Lawsuits brought by the federal or state government to prosecute a person for violatinga law are termed criminal cases. Although people can file complaints with the police,only the government can investigate that complaint. In addition, only the governmentcan initiate a criminal case in court, unless an attorney is granted fiat for that purpose bythe Attorney-General.

Government officials, called prosecutors, decide to file criminal charges in court againsta person or corporation. Prosecutors at the federal level generally work in the FederalAttorney-General's office, which is a part of the Federal Ministry of Justice. At the statelevel, prosecutors are usually part of the state Attorney-General's office. In either case,prosecutors are under the supervision of the Director of Public Prosecution (DPP). Insome states, police prosecutors are allowed to initiate and prosecute some cases inmagistrate or area courts.

The term civil suits refer to cases brought by people against other people, orbusinesses, or even against the government to recover compensation for injuries or tohalt injurious practices. If a person sues a doctor for making a mistake (called amalpractice suit), a civil suit is filed. Legal actions to assert title to land or to obtain a


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divorce are civil suits, too. Whenever people sue each other for money or for aninjunction (a court order commanding certain behaviour to stop) a civil suit is used.

Cases come before a court when an application for summons is filed. Any person canfile a civil suit in court. Even the government can file a civil suit against individuals orbusinesses such as when it wants to collect money it believes it is owed. Any tier of the

government may bring a civil suit against the other in the appropriate court to resolve aconstitutional issue like revenue allocation or for boundary adjustment.

To file a lawsuit, a filing fee must be paid. Waivers may be granted for the indigent inproceeding in forma pauperis. Court fees payable by a person admitted to sue ordefend in forma pauperis may be remitted either in whole or in part as the court mayseem right. Any person admitted to sue or defend in forma pauperis shall not be liableto pay or be entitled to receive any costs unless the court otherwise orders

Asserting Constitutional Rights

People can assert their constitutional rights in both criminal and civil cases. Forexample, a person being prosecuted for a crime can argue in defence that thegovernment acted in violation of the Constitution, for instance, by conducting a searchwithout a search warrant. The Supreme Court has held that evidence obtained as theresult of an illegal police search usually cannot be used as evidence. An accused in acriminal case can raise his or her constitutional rights by asking the court to excludeevidence that was obtained unconstitutionally.

Alternatively, people can sue the government for violating their rights and stop thegovernment's action or receive compensation for their injuries. This is calledFundamental Rights enforcement Proceedings. For instance, if the government adoptsa law preventing political demonstrations in a park, people might go to court challengingthe government's action as violating the constitutionally guaranteed freedom ofassembly and speech.


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Chapter 3.

TYPES OF COURTS

Federal and State Courts

There are two types of courts in Nigeria: federal and state. If a court is created by theConstitution, it is called a constitutional or superior court. The Constitution and otherlaws provide the details of what types of cases can be filed in each type of court.Federal courts are specialized court and only very limited types of matters can bebrought in federal court. The Federal High Court, as a court of first instance hearssome cases against individuals or corporations that violate federal laws. Most federallaws exist in areas where the Federal Government has special interest like banking,bankruptcy, customs, maritime, immigration, etc. The Court of Appeal and the SupremeCourt hears only appeals and very limited inter-state cases at first instance.

On the other hand, State High Courts hear most types of cases unless the Constitution

or other federal law expressly provide otherwise. State High Courts are sometimesgranted jurisdiction to hear federal criminal matters. The High Court of the FederalCapital Territory is the federal equivalent of a state high court.

Magistrates' Customary and Area (Sharia) courts are places where people file claims fordisputes involving relatively small sums of money or touching on the customs of thepeople or Islamic personal laws respectively. In many states, these courts also hearnon-homicidal criminal cases as limited by the constitution or the laws establishingthem.

Administrative Proceedings

Some disputes are resolved not by courts, but rather by government administrativeagencies that have the responsibility for administering particular laws. Administrativeagencies exist at all level of government -- federal, state, and local. At the federal level,there the Industrial Arbitration Panel and the National Industrial Court.

Generally, individuals who lose in administrative proceedings can seek review of thedecision in a court. Generally, courts defer to the administrative ruling unless it wasarbitrary, capricious, or a violation of law. For example, an importer whose goods wereseized by the Board of Customs may challenge such seizure in court.

Alternative Dispute Resolution

At times, people attempt to resolve their disputes, without going to a court, throughvarious methods called "Alternative Dispute Resolution (ADR)." One of the most widelyused forms of ADR is called arbitration. In arbitration, people submit their disputes to athird party, who is not a judge in a court, to make a decision. An increasing number ofcontracts, ranging from employment contracts to contracts with doctors and hospitals formedical services, contain provisions requiring that disputes arising under them must besubmitted to arbitration.


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Also, some laws require arbitration of particular kinds of disputes. Arbitration has theadvantage of simpler procedures and quicker resolution of disputes as compared totrying a lawsuit in court. On the other hand, many procedural protections that arepresent in courts may not be present in arbitration and other forms of ADR.

Another widely used form of ADR is mediation. In mediation, a third party works to help

the parties agree to a settlement of their dispute. An arbitrator usually has the power todecide the matter; a mediator lacks this authority and acts to facilitate a compromiseamong the parties.

Steps in a typical Mediation Session

Step 1 IntroductionThe mediator sets the parties at ease and explains the ground rules. The mediator'srole is not to make a decision but to help the parties reach a mutual agreement. Themediator explains that he or she will not take sides.

Step 2 Telling the StoryEach party tells what happened, the person bringing the complaint tells his or her sideof the story first. NO interruptions are allowed. Then the other party explains his or herversion of the facts.

Step 3 Identifying Facts and IssuesThe mediator attempts to identify agreed upon facts and issues. This is done bylistening to each side, summarizing each party's view, and asking if these are the factsand issues, as each party understands them.

Step 4 Identifying Alternative SolutionsEveryone thinks of possible solutions to the problem. The mediator makes a list andasks each party to explain his or her feelings about each possible solution.

Step 5 Revising and Discussing SolutionsBased on the expressed feelings of the parties, the mediator revises possible solutionsand attempts to identify a solution that both parties can agree to.

Step 6 Reaching AgreementThe mediator helps the parties reach an agreement that both can live with. Theagreement should be written down. The parties should also discuss what would happenif either of them breaks the agreement.


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Chapter 4

THE STAGES OF A CASE BEFORE TRIAL

CRIMINAL CASE

Arrest

An arrest occurs when the police take custody of a person upon suspicion of havingcommitted a crime. At the time of arrest, a person has to be informed of certain basicrights. This is the Judges' rule and constitutionally protected. As is always shown ontelevision and in the movies, the police must tell the suspect that he or she has the rightto remain silent, that anything said can be used against the person in a court of law, andthat the person has a right to an attorney and that one will be provided if the personcannot afford one. To protect the privilege against self-incrimination (the right to nottestify against one's self) as provided in the Constitution, these warnings must be givento every person after arrest and before any questioning begins.

Arraignment

The Constitution provides also that after an arrest, that person must be brought before aMagistrate or Judge within 48 hours. This appearance is called an arraignment. At thearraignment, the person is informed of the charges and asked to plead either "guilty" or"not guilty". The judge also has the discretion to determine whether there is anadequate reason to charge the person with having committed a crime. If an accusedpleads "guilty", there would be no trial but the judge may ask for a review of theevidence to ensure that there was no miscarriage of justice. The accused is thensentenced accordingly.

Bail

On the other hand, if the accused pleaded "not guilty", the judge will set bail. Bail isconstitutionally protected and is an extension of the presumption of innocence. Bail isthe amount of money or property a person must sign to pay as a guarantee to appearfor trial in other to be released before trial and may be with or without surety. The basicpurpose of bail is to give the accused a strong incentive to show up for trial; if theperson flees or does not appear at the trial, the bail is forfeited.

The Constitution and excessive bail

The Constitution prohibits excessive bail. The amount of bail depends on the nature ofthe offence, the accused prior criminal record, the likelihood the accused will interferewith any further investigation of the case, and the court's assessment of the likelihoodthat the accused will flee or pose a continuing threat to the community.


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CIVIL LAWSUIT

The Pleadings

A civil case proceeds quite differently from a criminal case before trial. A civil suitbegins with the filing of an Application for Writ of Summons to issue. This is like filing a

complaint in court. The person who files the complaint is called the plaintiff, and theperson who is sued is called the defendant. For example, a person injured in anautomobile accident is the plaintiff in a suit against the person driving the other car, thedefendant, to recover money to pay for doctors' bills and car repairs.

Occasionally, the terminology may be different. In divorce cases (properly calledMatrimonial Causes), the person filing for divorce is called the petitioner, and the otherspouse is the respondent; the divorce proceeding is initiated by filing a petition fordissolution of the marriage.

After a civil suit is filed in court, the defendant must be served with a copy of the

complaint and a Writ of Summons to appear in court. The defendant files amemorandum of appearance while the plaintiff files a Statement of Claim. Thedefendant may move to have the case dismissed as lacking any legal basis or thedefendant answers the plaintiff's complaint. The answer, called a Statement ofDefence, is the defendant's opportunity to file a paper with the court responding to thecomplaint and asserting any claims the defendant might have against the plaintiff.

If the Defendant asserts any claim against the plaintiff in the Statement of Defence, thatclaim is called a Counterclaim. The plaintiff will then file a reply and a defence to theCounterclaim. All the papers referred to are called pleadings and are used in the highcourts. Magistrates' and other lower courts usually dispense with the requirements forpleadings.


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Chapter 5

THE TRIAL

The Purpose of Trials

A trial exists to determine the facts: what happened; who did what to whom when? Therules for trials are designed to assure a fair proceeding, one where both sides have anequal chance to present their arguments and evidence.

Thus, a trial is an orderly presentation of evidence according to preset rules todetermine in a criminal case whether the accused violated the law or in a civil case,whether the defendant is liable.

Many of the rules for trials are specified in the Constitution. For instance, theConstitution guarantees an accused the right to confront his or her accusers.

Steps in a Trial

Direct Examination by Plaintiff or Prosecutor

Each witness for the plaintiff (in a civil case) or prosecution (in a criminal case) isquestioned. Other evidence (e.g., documents, physical evidence) in favour of theplaintiff or prosecutor is presented.

Cross-Examination by Defence

The defence has the opportunity to question each witness for the plaintiff orprosecution. Questioning is designed to breakdown the story or to discredit a witness inthe eyes of the Judge. The Plaintiff or prosecution has a restricted right of re-examination.

Motions

Motions are procedures by which a party makes application to the court for an order ora ruling on a particular issue. With certain exception, a motion can be made at any timeduring the action, and any party can make a motion. The format, contents and theprocedures to follow for preparation, filing and serving motions are contained in therules of any court.

If the prosecution/plaintiff's basic case has not been established from the evidenceintroduced, the accused or the defendant may move a motion asking the Judge todismiss the case. The Judge can end the case by granting the motion to dismiss (in acivil case) or by entering a no case to answer (in criminal cases).

Examination-in-Chief (Direct Examination) by Defence

Each witness for the defendant (in a civil case) or accused (in a criminal case) is led inevidence. Other evidence (e.g., documents, physical evidence) in favour of the


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defendant or accused is presented through the witnesses, and in rare cases, from thebar.

Cross-Examination by Plaintiff

The plaintiff or prosecutor has the opportunity to question each witness for the defence.

As stated above, questioning is designed to breakdown the story or to discredit awitness in the eyes of the Judge. The defence has a very restricted right of re-examination.

Closing Statement by Defence

The defence attorney reviews all the evidence presented (noting un-contradicted facts),states how the evidence has not satisfied the elements of the charge, and how theevidence presented by the defence has cast a reasonable doubt (in criminal cases) orpreponderates in favour of the defendant (in civil case). The attorney will ask for afinding of not guilty (in criminal cases) or not liable, for the defendant (in civil cases).

Closing Statement by Plaintiff/Prosecutor

Same as closing statement by the defence, the prosecution/plaintiff has the right tomake additional closing arguments. The prosecution/plaintiff reviews all the evidencepresented (noting un-contradicted facts), states how the evidence has satisfied theelements of the charge or proved the claim, and how the evidence presented by thedefence has not cast a reasonable doubt (in criminal cases) or preponderates in favourof the plaintiff (in civil case). The attorney will ask for a finding of guilty (in criminalcases) or for the plaintiff (in civil cases)-

Reply Argument

The defence has a limited right of reply on points of law only. This means that if theplaintiff/prosecutor referred to any law in the closing argument, the defence has the rightto comment on that law. However, the defence will not comment again on any facts ofthe case.

A Further Analysis of Nigeria's Adversary System

Trials in Nigeria are based around the adversarial system. This concept simply meansthat all proceedings are a competition between the two sides, the prosecutor and theaccused person in a criminal case, plaintiff and defendant in a civil suit. In theadversary system, the parties are responsible for initiating the proceedings, conductingthe investigations, and presenting the evidence in court.Adversary proceedings are designed to allow each side to question the other'switnesses (called cross-examination) and to respond to the other's arguments.

The rationale for the adversary system is that it is thought to be the best way toascertain the truth. In many countries, a government investigator determines the facts.This approach has great risks: lacking a personal stake in the outcome, the personmight not do a thorough job; the investigator's biases might unduly influence his or her


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determinations. In contrast, in an adversary system, each side has an incentive toinvestigate thoroughly and to do its best to make a persuasive case. In addition, theadversary system rests on the premise that truth is most likely to emerge from thecompetition of ideas. If both sides present their case, the trier of fact is well equipped todecide what happened.

The Events at a Trial

Trials are very much structured in a point, counter-point format. The trial itself beginswith the prosecutor (in a criminal case) or the plaintiff's lawyer (in a civil case)presenting evidence to support each element of a case or claim. For instance, in amurder case, the prosecutor must present evidence that the accused killed the victimintentionally, with premeditation. Evidence is simply information that helps establish afact. Evidence might take the form of witnesses' testimony. For example, there mightbe a witness who saw the accused shoot the victim. Evidence might be tangible, suchas a bullet that matches the accused person's gun. A videotape or photograph of theincident, if they are available, also could be used as evidence.

The defence attorney has the opportunity to cross-examine every witness presented bythe prosecutor or plaintiff. After the prosecutor or plaintiff has completed presenting hisor her case, the defence attorney then has the opportunity to respond. Actually, thedefence attorney is never obligated to say anything. The burden of proof is on theprosecutor in a criminal case and on the plaintiff in a civil proceeding. In other words,the benefit of the doubt presumption always rests with the accused. If the prosecutor orplaintiff cannot meet its burden, the accused or defendant wins.

The accused is never required to prove his or her innocence in a criminal case; sameprinciple applies to a defendant in a civil case. In criminal cases, accused persons arepresumed innocent and the prosecutor must establish the accused person's guilt"beyond a reasonable doubt," which is a very difficult burden to meet. The criminal

justice system rests on the notion that it is better to release ten guilty people rather thanconvict one innocent person. The system is thus very much designed to prevent thegovernment from wrongly taking away a person's liberty.


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Chapter 6

THE ROLE OF ATTORNEYS

Throughout this description of our legal system, reference has been made to attorneysor lawyers. Lawyers, of course, are individuals trained in the law who represent the

interests of their clients.

Under the rules of the profession, attorneys must do everything for their clients, withinthe bounds of the law that they would do for themselves under the circumstances.Attorneys are required to keep secret what they are told by their clients; this is calledAttorney-client privilege.

Contrary to the image of lawyers presented in television and movies, most lawyers donot spend the majority of their time in court. In fact, many attorneys never set foot in acourtroom. Most attorneys spend their time giving legal advice, drafting contracts,negotiating agreements, and helping clients solve their legal problems.

No person is required to have a lawyer. A person can always represent himself orherself in court. Nevertheless, there is much truth in the adage that a person whorepresents himself or herself has a fool for a lawyer. However, a corporation, being anartificial person, must be represented in court by a lawyer.

The Right to an Attorney

The Constitution guarantees everyone who is charge with a crime the right to have anattorney. While many advanced democracies have interpreted the right to counsel in theConstitution as requiring the government to provide a free lawyer to those who cannotafford an attorney in criminal cases where the sentence can include imprisonment, thisis not yet the case in Nigeria. However, the Legal Aid Council and the local BarAssociation may have in place a system for the provision of free legal representation forthose who cannot afford counsel.

Generally, in civil cases, there is no right to counsel though on rare occasions, anattorney might be appointed for an indigent litigant under the local rules of court inProceedings in Forma Pauperis.

Your Rights and Responsibilities as a Client

When you hire an attorney, there are certain rights and responsibilities in therelationship.

As the client, you should:

1. Understand the kind of work the lawyer will do for you.

2. Be very honest and provide all the facts that are relevant to the situation, as well askeep your attorney up-to-date with developments.


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3. Get an estimate of how long your case may take.

3. Help your case along by promptly giving your lawyer all the information and papersyou have. Continue to give your lawyer additional papers as you receive them.

4. Find out how the lawyer will keep you informed on the progress of your case and how

often.

5. Ask your lawyer for a written fee agreement. By law, your attorney must have awritten fee agreement if your costs are likely to be more than five hundred Naira.Lawyers use various kinds of fee arrangements; make sure you understand how and forwhat you will be charged. Also, find out if you are responsible for certain expenses,such as court costs or if you will be charged each time you telephone your lawyer.

6. Ask for the bill at least once a month. Then you will know how much the case iscosting as it moves along, and avoid a surprise at the end.

7. Make sure you understand what is involved if a lawyer takes your case on a"contingency" basis. Contingency may mean that the lawyer will be paid from themoney actually recovered from the defendant or that you will pay the lawyer apercentage of the money the court awards you, but you may be responsible for costssuch as filing fees and transportation. Make sure that the lawyer's percentage isincluded in the written agreement, what it will be and if it will be taken from the amountbefore or after the court costs are subtracted.


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Chapter 7

WHO DECIDESJudges

Judges are always responsible for deciding all cases. It is the duty of a judge to listen to

all the evidence and decide a case, applying law to the facts of the case.

Judges are virtually always lawyers except for Sharia or Customary court judges whomay or may not be. As pointed out earlier, superior courts are created by theconstitution for both Federal and State governments.

Federal judges are appointed by the President on the recommendation of the NationalJudicial Council. Senate confirmation is an added requirement for Supreme CourtJustices and Presidents or Chief Judges of other federal courts.

A person shall not be qualified to hold the office of a Supreme Court Justice unless he isqualified to practice as a legal practitioner in Nigeria and has been so qualified for aperiod of not less than fifteen years. A person shall not hold the office of the Justice ofthe Court of Appeal unless he is qualified to practice as a legal practitioner in Nigeriaand has been so qualified for a period of not less than twelve years.

State Superior Court Judges are appointed by the Governor of the State acting on therecommendation of the National Judicial Council. Judges of the Federal CapitalTerritory are appointed by the President, also on the recommendation of the NationalJudicial Council. A person shall not be qualified to hold office of a Judge of a HighCourt of a State (or of the Federal Capital Territory) unless he is qualified to practice asa legal practitioner in Nigeria and has been so qualified for a period of not less than tenyears. Confirmation by the State House of Assembly is an added requirement to serve

as the Chief Judge of a state.

A person shall not be qualified to hold office as Grand Kadi or Kadi of the Sharia Courtof Appeal of the Federal Capital Territory, Abuja unless:(a) he is a legal practitioner in Nigeria and has so qualified for a period of not less thanten years and has obtained a recognized qualification in Islamic law from an institutionacceptable to the National Judicial Council; or(b) he has attended and has obtained a recognized qualification in Islamic law from aninstitution approved by the National Judicial Council and has held the qualification for aperiod of not less than twelve years; and(i) He or she either has considerable experience in the Practice of Islamic law, or

(ii) He is a distinguished scholar of Islamic law.

A person shall not be qualified to hold the office of President or a Judge of theCustomary Court of Appeal of the Federal Capital Territory, Abuja, unless:(a) he is a legal practitioner in Nigeria and has been so qualified for a period of not lessthan ten years and, in the opinion of the National Judicial Council he has considerableknowledge and experience in the practice of Customary law; or(b) in the opinion of the National Judicial Council, he has considerable knowledge ofand experience in the practice of customary law.


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Chapter 9

THE APPEAL

After the trial is complete, the loser usually can file an appeal to a court of appeal,except in a criminal case where the government may not appeal if the accused is found

innocent. A court of appeal does not retry the case. No witnesses testify in a court ofappeal proceeding, and no evidence is presented.

Instead, the court of appeal reads the briefs (the papers filed by attorneys presentingarguments) and hears oral arguments from the attorneys. Usually, a court of appealchanges the decision only if the trial court judge made an error as to the law. In otherwords, courts of appeal usually accept the fact-finding by the trial court and determineonly whether an error was made in applying the law.

The appeal court may also set aside a lower court's verdict that is inconsistent with thelaw or evidence, or increase or decrease the money award. The appeal court usually

will upturn the verdict only if the court believes that no reasonable jury could have cometo that conclusion.

Usually, if a court of appeal finds that the trial court made a serious mistake, thedecision is reversed and the case sent back to the trial court for additional proceedings.In criminal cases, this does not mean that the accused will go free. The governmentcan retry the accused without committing the error. Such a retrial does not violate theprohibition against double jeopardy. For example, if the court of appeal reverses anaccused person's conviction on the ground that evidence was admitted in violation ofthe accused person's rights, the case can be retried without the admission of theillegally obtained evidence.

After the appeals are completed, a final judgment is entered. No more legalproceedings in the case are allowed. The loser cannot go to any other court, ever,about the matter. In civil cases, this is known as res judicata

In a criminal case, an accused convicted of a crime can remain in jail while the appealsare pending, or can be released on bail during this time. Judges have discretionconcerning whether to set bail pending appeal and as to the amount of bail. After theappeals are completed, the accused serves his or her sentence if the conviction hasbeen upheld.

In a civil case, a ruling in favour of the plaintiff usually means that the defendant has topay money. If the defendant fails to pay, the court can send the sheriff out to seizeproperty to satisfy the judgment.

Appeals are from a lower court to a higher court. If a matter was decided by in aMagistrate court, appeal lies with the High court of the state and may go on to the Courtof Appeals and the Supreme Court. If it was first decided by a high court, appeal lieswith the Court of Appeal, and thereafter, to the Supreme Court. The Supreme Court isthe highest and final court.


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Chapter 10

CHANGING THE SYSTEM

The Nigerian legal system is constantly changing and evolving. Countless problemsconfront the judiciary as it tries to provide justice for those who are parties to court

proceedings. The current system is terribly overburdened. There simply are notenough judges and courtrooms to accommodate all of the cases that must be handled.As a result, there are often long delays before matters are finally disposed of.Additionally, although equal justice for all is the goal, all too often the reality is muchdifferent. Many of the poor and middle class simply cannot afford the costs of the legalsystem.

Many Nigerians go to prison after criminal trials even though no lawyer representedthem. This offends the constitutional guarantee for fair trial and right to legalrepresentation. Efforts must be increased to improve the system to make it fair andaccessible to all. There are many ways that people can become involved to improve

the system.

Laws can be changed to better achieve the ends of justice. Above all, courts exist toapply and enforce the law and if people are dissatisfied, one important thing to do is tochange the law. People should become involved in elections to choose candidates whowill bring about needed reforms. People should also participate in groups that workthrough the legislatures to improve the laws. Remember that a free man today mayface legal problems tomorrow.

One of the impediments to administration of criminal justice is the centralized policesystem. Investigating Police Officers (IPO's) are transferred from one part of thecountry to another without regard to any case they investigated now pending in court orstill under investigation. Prosecutors incessantly seek and are granted adjournmentsbecause of the absence of the IPO. The clamour for State Police may be a goodsolution, provided the Federal Police has final oversight over any complaint madeagainst the State Police activity.

The National Judicial Council needs to be strengthened with its own police or marshals.The proposed NJC Marshals should provide security for both Federal and State Judges.They should also be independent from both Federal and State Police. The Marshalsshould be answerable to the NJC and the President and not to any other person orauthority.

Hoping that this book will be revised in the next two years, the author welcomes anysuggestion on how to improve the administration of justice to make it more responsiveto the needs of a modern the society. Any suggestions and any changes will be noted insubsequent editions.


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GLOSSARY

A

ACQUITTAL - A verdict (decision) after a trial that an accused in a criminal case hasnot been proven guilty beyond a reasonable doubt of the crime charged and forecloses

any further arrest or prosecution for the same offence.

ADJUDICATION - Giving or pronouncing a judgment or decree.

ADMISSIBLE - Evidence that can be legally and properly introduced in a civil orcriminal trial.

ADVERSARY PROCEEDING - One having opposing parties; contested.

ADVERSARY SYSTEM - The trial methods used in Nigeria and some other counties,based on the belief that truth can best be determined by giving opposing parties full

opportunity to present and establish their evidence, and to test by cross-examination theevidence presented by their adversaries, under established rules of procedure beforean impartial judge.

AFFIDAVIT - A written statement of fact given voluntarily and under oath.

AFFIRMED - In the practice of appellate courts, the word means that the decree ororder at issue is declared valid and will stand as rendered in the lower court.

ALLEGATION - The statement in a pleading of what a party expects to prove.

ALTERNATIVE DISPUTE RESOLUTION (ADR) - Settling a dispute without a full,formal trial. Methods include mediation, arbitration, conciliation, settlement, amongothers.

AMICUS CURIAE - A friend of the court; one not a party to a case who volunteers tooffer information on a point of law or some other aspect of the case to assist the court indeciding a matter before it.

ANSWER (STATEMENT OF DEFENCE) - The defendant's response to the plaintiff'sallegations as stated in a complaint (Statement of Claim). An item-by-item, paragraph-by-paragraph response to points made in a complaint (Statement of Claim); part of thepleadings.

APPEAL - A request by the losing party in a lawsuit that the judgment be reviewed by ahigher court.

APPEARANCE - Coming into court; the formal act by which a defendant submits to thejurisdiction of a court.

APPELLANT - The party who initiates an appeal. Sometimes called a petitioner.


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APPELLATE COURT - A court having jurisdiction to hear appeals and review a trialcourt's procedure.

RESPONDENT - The party against whom an appeal is taken.

ARBITRATION - A form of alternative dispute resolution, in which the parties bring their

dispute to a neutral third party and agree to abide by his or her decision. In arbitration,there is a hearing at which both parties have an opportunity to be heard.

ARRAIGNMENT - In a criminal case, the proceeding in which an accused person isbrought before a judge to hear the charges filed against him or her and to enter a pleaof guilty or not guilty.

ARREST - To take into custody by legal authority.

ASSAULT - Threat to inflict injury with an apparent ability to do so. Also, any intentionaldisplay of force, which would give the victim reason to fear or expect immediate bodily

harm.

ATTACHMENT - A proceeding in which a creditor secures rights to real or personalproperty and holds it pending the outcome of a lawsuit.

ATTORNEY-AT-LAW - An advocate, counsel or official agent employed in preparing,managing, and trying cases in the courts. An officer in a court of justice, who isemployed by a party in a cause to manage it for him or her.

B

BAIL - Money or other security (such as bail bond) given to secure a person's releasefrom custody, which is at risk should he or she subsequently fail to appear before thecourt.

BAIL BOND - Often referred to as bond - the obligation, signed by the accused tosecure his or her presence at trial, which he or she may lose by not appearing for trial.

BAILIFF - A court attendant who keeps order in the courtroom.

BAR - Historically, the partition separating the public from the space occupied by the judges, lawyers and other participants in a trial. More commonly, the term means thewhole body of lawyers.

BATTERY - A beating or wrongful physical violence. The actual threat to use force isan assault; the use of it is battery, which usually includes an assault.

BEYOND A REASONABLE DOUBT -The standard in a criminal case requiring that thecourt be satisfied to a moral certainty that the prosecution has proved every element ofthe crime. This standard of proof does not require that the state establish absolutecertainty by eliminating all doubt, but it does require that the evidence be so conclusivethat all reasonable doubts are removed from the mind of the ordinary person.


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JUDGMENT - The final disposition of a lawsuit. Default judgment is a judgmentrendered because of the defendant's failure to answer or appear. Summary judgment is

judgment given on the basis of pleadings, affidavits, and exhibits presented for therecord without any need for a trial. It is used when there is no dispute to the facts of thecase and one party is entitled to judgment as a matter a law. Consent judgment occurswhen provisions and terms of the judgment are agreed on by the parties and submitted

to the court for its sanction and approval.

JUDICIAL REVIEW - Authority of a court to review the official actions of other branchesof government; also, authority to declare unconstitutional the actions of other branches.

JURISDICTION - The nature and scope of a court's authority to hear and/or decide acase. Also, the territory from which a court is authorized to hear cases.

L

LIEN - A legal claim against another person's property as security for a debt. A lien

does not convey ownership of the property, but gives the lien holder a right to have hisor her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

LITIGANT - A party to a lawsuit.

LITIGATION - A case, controversy, or lawsuit.

M

MAGISTRATE - Judicial officer exercising some of the functions of a judge; also, refersin a general way to a judge, as in the phrase "neutral magistrate".

MANSLAUGHTER - The unlawful killing of another without intent to kill; either voluntary-- upon sudden impulse, i.e., a quarrel erupts into a fist-fight in which one of theparticipants is killed; or involuntary -- during the commission of an unlawful act notordinarily expected to result in great bodily harm, or during the commission of a lawfulact without proper caution, i.e., driving an automobile at an excessive speed resulting ina fatal collision.

MEDIATION - Forms of alternative dispute resolution, in which the parties bring theirdispute to a neutral third party, who helps them, agree on a settlement.

MISDEMEANOUR - Criminal offences considered less serious than felonies.Misdemeanours generally are punishable by a fine or a limited local jail term, but not byimprisonment in a state penitentiary.

N

NEGLIGENCE - Failure to exercise that degree of care that a reasonable person wouldexercise under the same circumstance.


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O

OBJECTION - The process by which one party takes exception to some statement orprocedure. An objection is either sustained (allowed) or overruled by a judge.

OPINION - The written decision of an appellate court. The majority or plurality opinion

expresses the court's decision. (See also concurring opinion and dissenting opinion.)

ORDER - A written or oral command from a court directing or forbidding action.

ORDINANCE - A local law adopted by a local government.

OVERRULE - Judge's decision not to allow an objection; also, decision of a higher courtfinding that a lower court decision was in error.

P

PARDON - A form of executive clemency, preventing criminal prosecution, removing, orextinguishing a criminal conviction.

PARTY - A person, business, or government agency actively involved in theprosecution or defence of a legal proceeding.

PERJURY - The criminal offence of making a false statement under oath.

PERMANENT INJUNCTION - Court order requiring that some action be taken, or thatsome party refrain from taking action.

PLEA - In a criminal proceeding, it is the accused person's declaration in open courtthat he or she is guilty or not guilty.

PLEADINGS - The written statements of fact and law filed by the parties to a lawsuit.

PRECEDENT - The decision of a court in one case that controls, guides, or influencesthe decision of a later case with similar facts and legal issues.

PREPONDERANCE OF THE EVIDENCE - Greater weight of the evidence, thecommon standard of proof in civil cases.

PRE-TRIAL CONFERENCES - A meeting between the judge and the lawyers involvedin a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial,and make a final effort to settle the case without a trial.

PRIMA FACIE CASE - A case that is sufficient-that is, that has the minimum amount ofevidence necessary to allow it to continue in the judicial process.

PROBABLE CAUSE - Sufficient legal reasons for allowing the search and seizure orthe arrest of a person.


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PROBATE - The process of proving that a will is valid and should be carried out. Alsorefers more generally to the law governing estates.

PROSECUTOR -An attorney, working for the state or federal government, who brings alegal action to punish a crime.

Q

QUASH - To vacate or void a summons subpoena, etc.

R

REBUTTAL - Evidence disproving other evidence previously given or re-establishingthe credibility of challenged evidence.

REMAND -To send a dispute back to the court where it was originally heard. Usuallyan appellate court remands a case for proceedings in the trail court consistent with the

appellate court's ruling.

REMEDY - Legal or judicial means by which a right or privilege is preserved, redressedor compensated.

S

SEARCH WARRANT - A written order issued by a judge that directs a law enforcementofficer to search a specific area for a specific piece of evidence.

SELF-DEFENCE - Claim that an act otherwise criminal was legally justifiable because itwas necessary to protect a person or property from the threat or action of another.

SELF-INCRIMINATION - The constitutional right of people to refuse to give testimonyagainst themselves that could subject them to criminal prosecution. The right isguaranteed by the Constitution.

SENTENCE - A court's determination of the punishment to be inflicted on a personconvicted of a crime.

SEQUESTRATION OF WITNESSES - Keeping all the witnesses (except plaintiff anddefendant) out of the courtroom except for their time on the stand, and admonishingthem not to discuss their testimony with other witnesses.

SERVICE - The delivery of a legal document, such as a complaint, summons orsubpoena notifying a person of a lawsuit or other legal action taken against him or her.Service, which constitutes formal legal notice, must be made by an officially authorizedperson in accordance with the formal requirements of the applicable laws.

SETTLEMENT - An agreement between the parties disposing of a lawsuit.


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LATIN PHRASES AND MAXIMS

A

a fortiori - by stronger reasona priori - from what comes before

ab initio - from the beginningab intestato - having made no willabsente reo - in absence of the defendantabsolute sententia expositore non indiget - When language of law is clear, noexplanation of it is required.actus me inito fastus non est menus actus - An act done by me against my will is notmy act.actus non faci reu nisi mens sit rea - The act itself does not make a man guilty unlesshis intention was so.actus reus - guilty actad hoc - to this particular purpose

ad infinitum - to infinityad nauseum - to the point of making one sickad proximum antecedens fiat relation nisi impediatur sentencia. - Relative wordsrefer to the nearest antecedents, unless the context otherwise requires.addendum - a thing to be addedalias - otherwisealibi - elsewherealter ego - other self / also known asamicus curiae - friend of the courtante - beforeargumentun a contrario - Negative-opposite doctrine.audi alteram partem - Hear the other side

B

bona fide - good faith

C

casus omisus pro omisso habendus est - A person, object or thing omitted from anenumeration must be held to have been omitted intentionally.caveat - bewarecaveat emptor - let the buyer bewarecessante ratione legis, cessat ipsa lex - When the reason of the law ceases, the lawitself ceases.ceteris paribus - other things being equalcf. (confer) - comparecompos mentis - of sound mind (and judgement)consensu omnium - by the agreement of allconsensus ad idem - meeting of minds; agreement as to the same thing.contemporanea expositio est fortissima in lege. - The contemporary construction isstrongest in law.


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contra proferentem parte - against the proffering partycorpus delicti - the body of the crimecorrigenda - things to be correctedcrimen falsi - perjuryculpa - a sin

D

de die in diem - from day to dayde facto - in factde iure - according to lawde minimis non curat lex - The law does not concern itself with triflesde novo - anewdistingue tempora et concordabis jura - Distinguish times and you will harmonizelaws.dura lex sed lex. - The law may be harsh, but that is the law.

E

e vestigio - from where one standseiusdem generis - of the same kindejusdem generis - Of the same kind or specie.erratum (errata) - error (errors)et al. (et alii/et aliae/et alia) - and otherset seq. (et sequens) - and the followinget seqq. (et sequentia) - and those that followet sic de ceteris - and so to of the restetc. (et ceterae/etcetera) - and the restex cathedra - with authorityex dolo malo non oritur actio - No man can be allowed to found a claim upon his ownwrongdoing.ex gratia - done as a favourex more - according to customex necessitate legis - By necessary implication of law.ex officio - by right of officeex parte - on behalf of one party onlyex post facto - from what is done afterwardex tempore - without premeditationexceptio probat regulam - the exception proves the ruleexcepto firmat regulim in casibus, non excepti - A thing not being excepted must beregarded as coming within the purview of the general rule.expressio unius est exclusio alterius - The express mention of one person, thing orconsequence implies the exclusion of all others.expressium facit cessare tacitum - What is expressed puts an end to that which isimplied.

F

factum est - it is done


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In pari delicto, potior est conditio defendentis - In equal fault, the stronger is thesituation of the defendantin propria persona - in personin re - referring toin rem - against the matter (property)in se - in itself

in situ - in positionin terrorem - as a warning or deterrentin toto - completelyin transitu - in passingin vacuo - in a vacuumIndex animi sermo est - Speech is the index of intention.infra - below, underneathinfra dig. (infra dignitatem) - beneath one's dignityinter alia - among other thingsinter se - between themselvesinter vivos - between living (people)

Interest rei publicae ut finis sit litum - Public interest requires that by the very natureof things there must be an end to a legal controversy.interpotare et concordare legibus est optimus interpotandi - Every statute must beso construed and harmonized with other statutes as to form uniform system of law.interpretate fienda est ut res valeat quam pereat - A law should be interpreted with aview to upholding rather than destroying it.interpretatio talis in ambiguis semper fienda est, ut evitur inconveniens etabsurdum - Where there is ambiguity, such interpretation as will avoid inconvenienceand absurdity is to be adopted.intra vires - within the powersipsissima verba - the exact wordsipso facto - by that very factipso iure - by operation of the law

J

jus possessionis: - the right of possessionjus summum saepe summa malitia est - extreme law is often extreme wrong.

L

lapsus calami - a slip of the penlapsus linguae - a slip of the tonguelapsus memoriae - a slip of the memorylc (loco citato) - in the place citedlegis interpretato legis vim obtinet - The authoritative interpretation of the court of astatute acquires the force of law by becoming a part thereof.legis posteriores priores contrarias abrogant - A later law repeals a prior law on thesame subject that is repugnant thereto.lex de futuro, judex de praterito - The law provides for the future, the judge for thepast.lex domicilii - the law of a person's home country


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lex fori - the law of the forum (country)lex loci - the law of the placelex non scripta - the unwritten (common) lawlex prospicit, non respicit - The law looks forward, not backward.lex scripta - the written lawlicet - it is allowed

locus classicus - classical passagelocus delicti - the scene of the crimelocus in quo - the place in which something happenslocus standi - place of standingloq. (loquitur) - he/she speaks

M

m.o. (modus operandi) - way of operatingmala fide - in bad faithmaledicta expositio qua corrupit textum - It is dangerous construction, which is

against the text.mens rea - guilty mindmodus agendi - manner of operationmoratorium - a delaymotu proprio - of one's own initiativemultum in parvo - much in small spacemutatis mutandis - with the necessary changes

N

natura abhorret a vacua - nature abhors a vacuumnb. (nota bene) - note wellne nimium - not too muchnecessitas non habet legem - necessity has no lawnem. con. (nemine contradicente) - with no one speaking in oppositionnem. diss. (nemine dissentiente) - with no one disagreeingnemo dat quod non habet - no one can give a better title than he has.Nemo judex in parte sua - no person can judge a case in which he or she is partynihil ad rem - nothing to do with the pointnisi prius - unless previouslynolle prosequi - do not pursuenolo contendere - I do not wish to contendnon compos mentis - not of sound mindnon licet - it is not allowednon prosequitur - he does not proceednon sequitur - it does not follownoscitur a sociis - Noscitur a sociis - Word construed with reference to accompanyingor associate words.nova constitution futuris forman imponers debit non praeteritis - A new statuteshould affect the future, not the past.novus actus interveniens - a new act interveningNudum pactum - a bare, naked contract, without any consideration.


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nullim crimen sine poena, nulla poena sine legis - There is no crime without apenalty, and there is no penalty without a law.nullis commodum protest de injura propria - No man should be allowed to takeadvantage of his own wrong.nullum tempus accunit regi - There can be no legal right as against the authority thatmakes the law on which the right depends.

O

ob. (obiit) - he/she diedob. (obiter) - in passingobiter dictum - something said in passingonus probandi - the burden of proofop. cit. (opere citato) - in the cited workoptima statuti interpretatix est imsum statutum - The best interpreter of a statute isthe statute itself.

optimus interpres rerum usus - The best interpreter of the law is usage.

P

p.a. (per annum) - every yearpace - by leave ofPari materia - Relating to same matter.pari passu - with equal paceparticeps criminis - partner in crimepaucis verbis - in a few wordspeculium - propertypendente lite - while a suit is pendingper annum - yearlyper capita - per headper cent (per centum) - per hundredper contra - on the contraryper diem - dailyper mensem - monthlyper pro (per procuratio nem) - by delegation toper se - by itselfpersona (non) grata - (un)welcome personpost factum - after the factpost mortem - after deathpost obitum - after deathpost partum - after childbirthpotior est in tempoe, potior est in jure - He who is first in time is preferred in right.pr (per rectum) - through the (back) rectumprima facie - at first sightprimus inter pares - first among equalsprivilegia reciprint largan interpretationen voluntate consonan concedentis -Privileges are to be interpreted in accordance with the will of him who grants them.


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seriatim - in ordersic - thussine die - without a day (indefinitely)sine qua non - something/someone indispensablestare decisis - to stand by things decidedstare decisis et non quita movere - Follow past precedents and should not disturb

what has been settled.status quo - the current state of beingsub iudice - under a judgesub lite - in disputesub poena - under penalty of lawsui generis - of his/her/its kindsuo loco - in a person's rightful placesupra - abovesurplusagium non noceat - Surplusage does not vitiate a statute.

T

tabula rasa - blank tabletterra firma - solid groundtotidem verbis - in so many words

U

uberrima fides - utmost good faithubi cadem ratio ibi eadem disposito - Where the law governing a particular matter issilent on a question at issue, the provision of another law governing another matter maybe applied where the underlying principle or reason is the same.ubi jus, ibi remedum - Where there is a right, there is a remedy.ubi jus incertum, ibi jus nullurn - Where the law is uncertain, there is no law.ubi lex non distinguit nec nos distinguere debemos - Where the law does notdistinguish, we should not distinguish.ubique - everywhereultra vires - beyond the powersut magis valeat quam pereat - That construction is to be sought which gives effect tothe whole of the statute - its every word.uti possidetis - as you possessutile per inutile non vitiatur - The useful is not vitiated by the non-useful.

V

v (verso) - reversev (versus) - againstv (vide) - seeverba accipiendo sunt secumdum materiam - A word is to be understood in thecontext in which it is used.verba intentioni non a contra debent inservire - Words ought to be more subservientto the intent and not the intent to the words.


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verba legis - Plain-meaning rule.verba legis non est recedendum - From the words of the statute there should be nodeparture.verbatim et litteratim - word for word and letter for lettervia - by way ofvia media - the middle way

vice - in place ofvice versa - in reverse ordervigilantes sed non dormientibus jura subveniunt - The laws aid the vigilant, notthose who slumber on their rights.volenti non fit injuria - No injury is done to a consenting party (voluntary assumption ofrisk)

Documents

47973630 Introduction to Legal Literacy in Nigeria